Title 16, Chapter 9, Section 32
( 16-9-32)
(a) A person commits the offense of financial transaction card
forgery when: (1) With intent to defraud a purported issuer; a person or
organization providing money, goods, services, or anything else of
value; or any other person, he falsely makes or falsely embosses a
purported financial transaction card; (2) With intent to defraud a purported issuer; a person or
organization providing money, goods, services, or anything else of
value; or any other person, he falsely encodes, duplicates, or
alters existing encoded information on a financial transaction
card or utters such a financial transaction card; or (3) He, not being the cardholder or a person authorized by him,
with intent to defraud the issuer; a person or organization
providing money, goods, services, or anything else of value; or
any other person, signs a financial transaction card. (b) A person falsely makes a financial transaction card when he
makes or draws in whole or in part a device or instrument which
purports to be the financial transaction card of a named issuer but
which is not such a financial transaction card because the issuer
did not authorize the making or drawing or when he alters a
financial transaction card which was validly issued. (c) A person falsely embosses a financial transaction card when
without authorization of the named issuer he completes a financial
transaction card by adding any of the matter other than the
signature of the cardholder, which an issuer requires to appear on
the financial transaction card before it can be used by a
cardholder. (d) A person falsely encodes a financial transaction card when
without authorization of the purported issuer he records, erases, or
otherwise alters magnetically, electronically, electromagnetically,
or by any other means whatsoever information on a financial
transaction card which will permit acceptance of that card by any
automated banking device. (e) Conviction of the offense of financial transaction card forgery shall be punishable as provided in subsection (b) of Code Section 16-9-38. (f) When a person other than the purported issuer possesses two or
more financial transaction cards which are falsely made, falsely
encoded, or falsely embossed, such possession shall be prima-facie
evidence that said cards were obtained in violation of paragraph (1)
or (2) of subsection (a) of this Code section. |